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Attorneys Discuss Recent Decision Issued By The Georgia Supreme Court Concerning Willful Misconduct in the Workplace

April 02, 2017

On February 27, 2017, the Georgia Supreme Court, in overruled the Appeals Court's decision Chandler Telecom, LLC v. Burdette, which had permitted an injured worker to recover for injuries suffered at work despite being injured during a dangerous job-related activity that his employer advised him not to perform. The Georgia Supreme Court overturned the case and sent the matter back to the trial court for additional fact findings. The Court's opinion appears to weaken previous court precedent. People injured on the job should contact an experienced and knowledgeable Georgia workers' compensation attorney at Montlick & Associates to learn about their rights and options.

Workers' compensation is a product of statute. At common law, an employer was not liable for a worker's injuries absent a showing of negligence at a minimum on behalf of the employer. The Georgia statute, found in §34-9-1 et seq. of the Georgia Code, as well as many other jurisdictions, use a no-fault system that permits an injured employee to recover damages if injured in a work-related activity, but relieves the worker of the burden to prove the employer committed a wrongful or negligent act. In exchange, the employee's exclusive remedy against his employer is filing a workers' compensation claim under the authority of the statute.  Of course, if a third party other than the employer was negligent and contributed or caused the workers' injury, the worker could potentially pursue a workers' compensation claim simultaneously while asserting a personal injury claim against the third party.

Section 17 of the Georgia Workers' Compensation Act permits an employer to deny coverage under certain circumstances. Those circumstances are related to the employee's willful conduct:

• intentionally self-inflicted injury;
• an injury occurring while trying to hurt another employee; or
• deliberate failure or refusal to use a safety feature or perform a duty mandated by law.

The first two circumstances are probably rare in the workplace. The third, on the other hand, may be a fairly common occurrence. Workers must guard against falling into the latter category lest they lose out on the valuable benefits conferred upon them by Georgia's Workers' Compensation Act. Therefore, Georgia employees must be aware of the legal definition of "willful misconduct."

The Georgia Supreme Court reiterated the definition in this latest decision. The Court stated that "willful misconduct" is:

• an intentional act deliberately performed knowing that a serious injury can occur;
• an act performed with "wanton and reckless disregard" of the possible result; or
• Violating the law intentionally or rule of conduct which must be obeyed by the employee without discretion.

A very strict reading of the definition of "willful misconduct" could lead to a harsh application of the rule thereby eliminating the possibility of financial recovery for any failure to follow a rule. Georgia appeals courts recognized that possible problem and expounded on the rule. Georgia courts have held that, as a general rule, a simple violation of instruction, rule, command, or law and while performing a dangerous action that is obvious is not willful misconduct. The Workers' Compensation Board and reviewing courts must examine whether, while performing the act, the employee knew that the conduct could lead to serious injury or disregard the potential that it might result in serious injury by violating a rule, law, or employer directive. The court does not need to find that the act was "criminal or quasi-criminal" as some courts have ruled.

The Georgia Supreme Court remanded the decision back to the Workers' Compensation Board to explore the worker's state of mind when he was injured. The Court mandated that the Board make a ruling whether the worker committed an intentional act or acted with reckless disregard of the possible outcome while performing the hazardous act.

Put Our Law Firm's Over 39 Years Of Legal Experience To Work For Your Case!

Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 39 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour live chat.


Montlick & Associates, Attorneys at Law

17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free: 1 (800) LAW-NEED

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.